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The reaction of the Ministry of Labor resulted in the notification of a decision of the State Legal Council to refrain from appealing a court decision by which two retirees of the CPP have allocated an amount of nearly 3,400 euros, which had been reduced under the laws of 2012.
In particular, according to Skay, the Athens Administrative Court of First Instance justified the two pensioners by recognizing the obligation of IKA-ETAM (now EFCA) to pay them the sum of 3,386 euros.
According to the same source, the amount not only awarded, but paid by the EFCA, and the money would have already been credited to the bank accounts of the two retirees on Monday, October 29.
What is important is that on 7 May a committee composed of three members of the State Legal Council met, deciding not to appeal, on the grounds that this decision was in line with the decision of the Council of State. 'State.
Despite the consultative and non-binding nature of the status of its positions, the decision of the State Legal Council is considered important for the outcome of these cases. In his statements (Skay), the former Minister of Labor, George Koutroumanis, said: "The opinion of the State Legal Council is particularly important because it considers that appeals at first instance are inappropriate when they are consistent with the decision of the Council of Europe …) this practically means that the retroactive payment can be opened after June 1, 2015 "
"As regards the amount that the EMFF had to pay, it could have been contested, but no appeal was brought because it was decided not to appeal because there was no appeal. plea admissible and well founded, "adds the lawyer. Vangelis Tsikardonis retired.
The president of the Panhellenic Association of Retirees, Kostas Prapas, stressed that "the two members of the Association were entitled and took their money with interest without appeal." And indeed, he adds, these days, they took the money for 6 months, from June 2015 to December 2015.
In response, the Ministry of Labor, in a related announcement, notes that "court decisions regarding the retirement of retirees do not change the data.
He said that the State Council, in its 2015 pilot decision, declared unconstitutional the laws of ND and PASOK that had again imposed horizontal pension reductions in 2011 and 2012, adding:
"The current government, in perfect harmony with the crisis of the Council of Europe and in accordance with the Constitution, has started the insurance reform in 2016. It has established uniform rules for all insured and all pensioners without discrimination, thereby protecting the payment of pensions, "said the ministry. Working Group, noting that the advice of the State Legal Council, which oversees the State's legal services, as well as State remedies as part of its obligation to exhaust judicial remedies, instructions from the highest courts of the country, are processes in which there is no political intervention.
"It is obvious that when court decisions are in line with the CoE pilot decision, the State Legal Council does not judge the appropriate remedy," said the Ministry of Labor.
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